[G.O. No. 878, § 2; G.O. No. 1160, § 1;
amended 6-3-2014 by G.O. No. 2017]
The annual fees that shall be charged by the Town Council pursuant
to this chapter are hereby fixed as follows:
[G.O. No. 878, § 3; G.O. No. 1283, § 1;
G.O. No. 1325, § I; G.O. No. 1359, § I; G.O. No.
1516, § 1; ; amended 6-3-2014 by G.O. No. 2017]
The number of licenses that shall be granted by the Town Council
are hereby fixed as follows:
(a)
Not more than 10 plenary retail consumption licenses shall be granted,
one of which shall be reserved for a "hotel conditional license" and
five of which shall be reserved for "restaurant conditional licenses."
(b)
Not more than seven plenary retail distribution licenses shall be
granted.
(c)
Not more than six limited retail distribution licenses shall be granted.
(d)
Club licenses may be granted from time to time on application, provided
the Town Council is satisfied that such licensed club is a bona fide
organization.
[G.O. No. 878, § 4; G.O. No. 1282, § 1;
amended 6-3-2014 by G.O. No. 2017]
One hotel conditional license may be issued to the owner or
operator of a bona fide hotel or motel or to the owner or operator
of a bona fide restaurant as defined in N.J.S.A. 33:1-1(t) of the
Revised Statutes which is located within the same building or structure
as a hotel or motel; subject, however, to the following restrictions
and regulations:
(a)
No such license may be transferred by the licensee to any other person
or to any other locality, except to a person owning or operating such
a bona fide hotel or motel or owning or operating such a bona fide
restaurant within the same building or structure as the hotel or motel
at the same location or such other approved location.
(b)
Any such license for or transferred to a hotel or motel owner or
operator or to a person owning or operating a bona fide restaurant
located within the same building or structure as the hotel or motel
shall remain in force only so long as a bona fide hotel or motel is
actually being operated at such location and such license shall be
revoked should the hotel or motel cease operating as such at such
a location. A bona fide hotel or motel shall only be one whose main
business is renting of rooms to transients with hotel service. The
Town Council shall have the full right to determine what is a bona
fide hotel or motel as referred to in this section and the decision
of the Council shall be final.
(c)
On any premises licensed under this section there shall be no public
bar but only a service bar or bars and no service, sale or consumption
of alcoholic beverages shall be permitted except with meals served
to customers seated at tables in the room or rooms regularly furnished
and used as dining room space. The word "tables," as used in this
section, shall not include such tables as are flanked by high-backed
benches commonly known as "booths." There shall be no sale or service
of alcoholic beverages by the licensee to guests of the hotel or motel
in their rooms as is commonly known as "room service." The licensed
premises shall include only that portion of the hotel or motel building
or structure open to the general public for dining where meals are
actually sold and served on a regular basis or where the alcoholic
beverages are stored. Nothwithstanding the aforesaid, a premises licensed
under this section may provide tables at which alcoholic beverages
may be served without meals for the use or patrons waiting to be seated
at regular dining tables; provided that the area allocated to such
tables within the restaurant does not constitute more than 10% of
the floor space of the premises devoted to dining and that the seating
capacity of such tables does not exceed 10% of the seating capacity
of the entire restaurant. Each seat at tables provided for this purpose
shall be included in computing the floor space required by this section
for obtaining such license. Nothwithstanding any provisions herein
to the contrary, if the hotel or motel contains conference or meeting
rooms which are contiguous to and have access from the regular restaurant
facilities and which are or may be used from time to time for private
meetings, conferences, parties or other similar occasions, alcoholic
beverages may be served to persons attending such private meeting,
conference or party by the licensee, without the requirement that
such alcoholic beverages be served only to customers seated at tables
in the room or rooms regularly furnished and used as dining room space,
provided that such conference or meeting room shall not be used for
or by patrons waiting to be seated at regular dining tables in the
restaurant. Such conference or meeting room shall be considered part
of the licensed premises if so requested by the licensee.
(d)
Any such licensee shall, as a condition of obtaining and retaining
such license, operate the licensed premises as a bona fide restaurant
and shall serve or cause to be served three meals a day, being breakfast,
lunch and dinner and shall be open for business a minimum of six days
per week for a minimum of 48 weeks per year. In lieu of serving three
meals a day on Saturday and Sunday, the licensee may serve one meal
prior to mid-day known as "brunch." Such license shall be revoked
should the holder thereof cease operating such bona fide restaurant.
(e)
There shall be at least 12 square feet of floor space in the dining
area for each seat and the consumption of said dining area shall not
include any space used for kitchen, pantry, storage, restrooms or
any other purpose than dining. After initial approval, such licensed
premises shall not be altered or rearranged without first obtaining
approval of the Town Council.
(f)
There shall be located on the licensed premises adequate washrooms
and toilet facilities solely for the purpose of service to the customers
of the restaurant, one for men and one for women. For the first 150
seats or fraction thereof in the dining room area, the men's
lavatory shall contain two water closets, one urinal and one wash
basin. For the first 150 seats or fraction thereof in the dining room
area, the women's lavatory shall contain two water closets and
one wash basin. For each additional 75 or fraction thereof in dining
seating capacity over 150, there shall be one additional water closet
required in each of said lavatories. For each additional 100 or fraction
thereof in dining seating capacity over 150, there shall be an additional
wash basin required in each lavatory. The entrances to such lavatories
shall be suitably screened from public view.
(g)
There shall be suitable facilities on the licensed premises for temporary
storage of coats, hats, umbrellas, overshoes and other items of clothing
outside the dining area.
(h)
The gift or sale of food or any alcoholic beverages below cost or
the offering in any manner whatsoever of any other inducement by the
licensee, his servants, agent or employees to encourage the consumption
of alcoholic beverages is hereby prohibited.
(i)
The licensee shall keep and maintain accurate records of all sales
sufficient to disclose what receipts were derived from the sale of
alcoholic beverages and what receipts were derived from food stuffs,
which records shall be open to inspection any time by the licensing
body or its representatives, and may be kept under its supervision
as directed if desired. In the event that inspection of the records
of any licensee discloses that over 50% of the gross receipts are
derived from the sale of alcoholic beverages, the licensing body may
in its discretion revoke the license.
(j)
The Town Council shall further have the right to decline to issue
such license, whether or not applications may be received conforming
to the above regulations and conditions, where they shall deem any
application by reason of location, increased traffic congestion, structural
inadequacies of licensed premises, fire or health hazard, or proximity
to churches or schools to be detrimental to the health, morals, safety
or welfare of the Town.
(k)
Any license issued under this section shall bear the notation "Hotel
Conditional License."
[G.O. No. 878, § 5; G.O. No. 885, § 1;
G.O. No. 127, § 1; G.O. No. 1283, § 2; G.O. No.
1516, § III; G.O. No. 1618, § I; amended 6-3-2014
by G.O. No. 2017]
Five restaurant conditional licenses may be issued to operators
of bona fide restaurants, as defined in N.J.S.A. 33:1-1(t) of the
Revised Statutes; subject, however, to the following restrictions
and regulations:
(a)
No such license may be transferred by the licensee to any other person
or to any other locality, except to a person operating such a bona
fide restaurant as hereinafter more particularly defined and restricted
at the same or such other approved locality.
(b)
A premises licensed under this section may provide tables at which
alcoholic beverages may be served without meals for the use of patrons
waiting to be seated at regular dining tables; provided that the area
allocated to such tables within the restaurant does not constitute
more than 10% of the floor space of the premises devoted to dining
and that the seating capacity of such tables does not exceed 10% of
the seating capacity of the entire restaurant. Each seat at tables
provided for this purpose shall be included in computing the floor
space required by this section and shall also be included in the total
seating capacity required by this section to meet the requirement
for obtaining such license.
(c)
To qualify as a bona fide restaurant under this section, the premises
must comply with the following requirements:
(1)
The premises must have a seating capacity at tables for at least
25 persons at one sitting.
(2)
No room on the licensed premises devoted to the purposes of dining
shall contain fewer than 300 square feet of floor space, exclusive
of any space used for kitchen, pantry, storage or any other purpose
than dining.
(3)
There shall be at least 15 square feet of floor space in the dining
area for each seat, and the computation of said dining area shall
not include any space used for kitchen, pantry, storage, rest rooms
or any other purpose than dining.
(4)
Lavatories.
a.
Men's lavatory. For the first 75 seats or fraction thereof in
the dining room area, the men's lavatory shall contain one water
closet, one urinal and one wash basin. For each additional 75 or fraction
thereof in dining capacity over 75, there shall be one additional
water closet required in the men's lavatory.
b.
Women's lavatory. For the first 150 seats or fraction thereof
in the dining room area, the women's lavatory shall contain two
water closets and one wash basin. For each additional 75 or fraction
thereof in dining seating capacity over 150, there shall be one additional
water closet required in the women's lavatory.
c.
Both lavatories. There shall be an additional wash basin in each
lavatory for each 75 seats or fraction thereof above 150.
d.
Miscellaneous. The entrances to such lavatories shall be screened
from public view.
e.
There shall be suitable facilities on the licensed premises for temporary
storage of coats, hats, umbrellas, overshoes and other items of clothing
outside the dining area.
(d)
The gift or sale of food or any alcoholic beverages below cost or
the offering in any manner whatsoever of any other inducement by the
licensee, his servants, agents or employees to encourage the consumption
of alcoholic beverages is hereby prohibited.
(e)
The licensee shall keep and maintain an accurate record of all sales,
sufficient to disclose what receipts were derived from the sale of
alcoholic beverages and what receipts from foodstuffs, which record
shall be open to inspection at any time by the licensing body or its
representative, and may be kept under its supervision as directed,
if desired. In the event that inspection of the records of any licensee
discloses that over 50% of the gross receipts is derived from the
sale of alcoholic beverages, the licensing body may, in its discretion,
revoke the license.
(f)
Any such license issued under this section for, or transferred to,
a restaurant shall only remain in force so long as the premises licensed
are being actually operated as such a bona fide restaurant, and so
long as such premises are not altered or rearranged without first
obtaining approval of the Town Council, and such license shall be
revocable should the owner thereof cease from operating such restaurant,
or alter or rearrange the licensed premises without obtaining the
necessary approval.
(g)
Any license issued under this section shall be subject to all the
conditions of this section. The Town Council shall have the sole right
to determine what is a bona fide restaurant as referred to in this
section, and the decision of the Council shall be final. The Town
Council shall further have the right to limit the number of licenses
granted under this section to fewer than five, whether or not applications
may be received conforming to the above regulations and conditions,
where they shall deem any application by reason of location, increased
traffic congestion, structural inadequacies of licensed premises,
fire or health hazard, or proximity to churches or schools to be detrimental
to the health, morals, safety or welfare of the Town.
(h)
Any license issued under this section shall bear the notation "Restaurant
Conditional License."
[G.O. No. 878, § 7; amended 6-3-2014 by G.O. No.
2017]
All licenses under this chapter shall, in addition to the foregoing
restrictions and conditions, be subject to all provisions of the Revised
Statutes of New Jersey and to all of the rules and regulations as
prescribed by the Director of the Division of Alcoholic Beverage Control
in the state.
[G.O. No. 878, § 6; G.O. No. 1314, § 1;
G.O. No. 1654, § 1; amended 6-3-2014 by G.O. No. 2017; 3-12-2019
by G.O. No. 2126; 4-9-2019 by G.O. No. 2131]
(a)
No plenary retail consumption licensee or club licensee shall sell,
serve, deliver or allow, permit or suffer the sale, service or delivery
of any alcoholic beverage or permit the consumption of any alcoholic
beverage on the licensed premises between the hours of 1:00 a.m. and
6:30 a.m.; provided that on the first day of January such sales may
be made up to 3:00 a.m.
(b)
No licensee shall sell or deliver, or allow, permit, or suffer the
sale or delivery of any alcoholic beverage at retail in its original
container for consumption off the licensed premises or allow, permit,
or suffer the removal of any alcoholic beverage in its original or
opened container from retail licensed premises, before 9:00 a.m. or
after 10:00 p.m., except that no such licensees may sell or deliver,
or allow, permit, or suffer the sale or delivery of wine or malt alcoholic
beverage at retail in its original container for consumption off the
licensed premises or allow, permit, or suffer the removal of any alcoholic
beverage in its original or opened container from retail licensed
premises, before 6:30 a.m. or after 12:00 midnight, provided that
on the first day of January such sales may be made up to 3:00 a.m.
[1]
Editor's Note: Former § 4-7, Major portion of licensed
premises to be on ground floor of building, G.O. No. 878, § 7,
as amended, was repealed 3-22-2016 by G.O. No. 2061.
[G.O. No. 878, § 7; amended 6-3-2014 by G.O. No.
2017]
No licensee under this chapter shall allow, suffer or permit
any lottery to be conducted, or any ticket or participation right
in any lottery to be sold or offered for sale on or about the licensed
premises.
[G.O. No. 878, § 7; amended 6-3-2014 by G.O. No.
2017]
No licensees under this chapter shall engage in, allow, permit
or suffer any poolselling, bookmaking or any playing for money or
any unlawful game or gambling of any kind or any device or apparatus
designed for any such purpose on or about the licensed premises.
[G.O. No. 878, § 7; amended 6-3-2014 by G.O. No.
2017]
No licensee under this chapter shall possess, allow, permit
or suffer on or about the licensed premises any slot machine or device
in the nature of a slot machine, or any mechanical game to be operated
by the insertion of coins which may or could be used for the purpose
of playing for money or other prizes.
[G.O. No. 973, § 1; G.O. No. 1064, § 1;
amended 6-3-2014 by G.O. No. 2017]
(a)
No person shall engage in the occupation of "bartender" on any premises
or for any licensee operating subject to this chapter under a plenary
retail consumption license until such person's photograph and
fingerprints are placed on file with the Police Department of the
Town. A normal record check will be conducted by the Police Department
and the Chief of Police shall approve or disapprove the issuance of
a "bartender's" license. Any applicant denied such a license
by the Chief of Police shall have the right to appeal such denial
to the License Committee of the Town Council. Such license shall be
issued by the Town Clerk after approval by the Chief of Police and
shall be renewable not later than January 15 of each year.
[G.O. No. 1175, § 1; amended 6-3-2014 by G.O. No.
2017]
All new licenses issued by the Town Council pursuant to this
chapter shall be authorized only by a duly adopted ordinance of the
Town Council.
[G.O. No. 1282, § 3; G.O. No. 1365, § I;
amended 6-3-2014 by G.O. No. 2017]
Except as provided otherwise herein, no holder of a plenary
retail consumption license, conditional or otherwise, shall permit,
allow or suffer any dancing on or about the licensed premises by patrons
or customers thereof or by any other person as an exhibition or show.
Except as provided otherwise herein, no holder of a plenary retail
consumption license, conditional or otherwise, shall permit, allow
or suffer any entertainment by or for the benefit of patrons or customers
except such entertainment as may be provided by up to five musicians
or by a device or system designed to amplify or reproduce sound by
a mechanical or electronic means. A holder of a plenary retail consumption
license, conditional or otherwise, may permit, allow or suffer dancing
by patrons or customers, but not by any other persons as an exhibition
or show, if the portion of the licensed premises utilized for serving
food at tables exceed 5,000 square feet in area, and if such licensed
premises has a regular seating capacity at one sitting of at least
200 persons at tables for the serving of food. A holder of a plenary
retail consumption license, conditional or otherwise, may permit,
allow or suffer entertainment by more than five musicians for listening
or dancing by patrons or customers, if the portion of the licensed
premises utilized for serving food at tables exceeds 5,000 square
feet in area, and if such licensed premises has a regular seating
capacity at one sitting of at least 200 persons at tables for the
serving of food.
